ONYIA
V.
STATE

(2008) JELR 51074 (SC)

Supreme Court · SC. 232/2006 · 5 Dec 2008 · Nigeria
·

Other Citations

Onyia v. State (2008) 18 NWLR (Pt. 1118) 142

CORAM

NIKI TOBI JSC (Presided) SUNDAY AKINOLA AKINTAN JSC WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC JAMES OGENYI OGEBE JSC (Read the Lead Judgment)

Core Terms ^Beta

appellant

counsel

english language

igbo language

accused person

learned trial judge

fair hearing

court of appeal

miscarriage of justice

trial of the offence

trial court

ogebe jsc

appellant’s right

trial judge

assistance of an interpreter

facts of the case

ibo language

interpretation of the evidence of pw1

judgment of the court of appeal

supreme court

appellant’s favour

further appeal

laws of eastern nigeria

lead judgment

trial of the appellant

appellant made use

appellant’s brief

applicable law

breach of the provisions of subsections

clear evidence

constitution of nigeria

court interpreter

high court

high court of imo state

imo state

imo state high court

important consideration

interpretation of the evidence

language of the witnesses

learned attorney-general of abia state

learned counsel

record of appeal

record of the proceedings

records of the trial court

simple fact of the case

OGEBE JSC (Delivering the Lead Judgment): This is a further appeal to the Supreme Court by the appellant against the judgment of the Court of Appeal, Port Harcourt Division delivered on 7 December 2005 in which that court affirmed the conviction and sentence of death passed on the appellant by Imo State High Court sitting in Umuahia on 18 December 1987. The appellant was charged in High Court of Imo State with the murder of one Ugwuochi Amadiegwu, contrary to section 219(1) of the Criminal

Code, Cap. 30 of the Laws of Eastern Nigeria, 1963 applicable in Imo State. The simple fact of the case was that, the appellant on 18 December 1980 stabbed the deceased with a dagger resulting in his death. As the facts of the case are not in issue before this court, I shall not go into any more details. A The main complaint before this court is contained in the appellant’s brief on issue 1, which reads:

“Whether the non-interpretation of the evidence of PW1, PW2,

PW3, and PW4 rendered in Igbo, the t…

ONYIA V. STATE

ONYIA
V.
STATE